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Mariposa County Bar Association
Volume 3, Issue 29 www.MariposaBar.org Newsletter@MariposaBar.org September 2020
President’s Column California Bar Exam
Updates
Casey Archer, MCBA President
The Mariposa County Bar
Association (“MCBA”) customarily
1. The California bar exam will be administered
meets on the second Thursday of
remotely and online on October 5-6, 2020, in light of
each month at the Miner’s
the ongoing COVID-19 pandemic. The California
Roadhouse 140. Our in-person
Supreme Court has determined that an online exam
meetings have been suspended since
“can be administered and delivered without the need
April 2020 due to COVID-19,
for an examinee to have a high-speed or constant
although we are continuing efforts to provide MCLE
internet connection.” However, for those who are
meetings via webinar. We recently obtained approval
unable to do testing remotely, accommodations will
from the California State Bar for MCLE credit for an in-
be made for a small number of in-person testing.
person presentation by attorney Russell Cook regarding
private mediation. Due to continued social distancing,
Mr. Cook is seeking approval from the State Bar to 2. The California bar exam has 2000 possible points.
provide a webinar presentation on October 15, 2020. The The passing score on the exam will be permanently
application for approval is pending with the State Bar. reduced from 1440 to 1390, effective as of the
Anyone interested in attending should email the MCBA October 2020 bar exam, and it will apply to future
at MCBA@MariposaBar.org, and we will keep you bar exams, regardless of whether those exams are
posted as to the status of the presentation. administered in-person or online. This equates to an
approximate scaled score of 139 on the MBE (instead
The MCBA has also been invited by the Bay Area of the previous score of 144). However, you do not
Lawyers for Individual Freedom (“BALIF”) to attend an need to score a 139 on the MBE in order to pass the
MCLE webinar on October 7, 2020, from 2:00 p.m. to exam. You can make up for a lower MBE score with
4:00 p.m. BALIF is a community of LGBTQI+ legal a higher score on the written portion.
professionals that envisions a world where LGBTQI+
people live with dignity and equality under the law. The 3. Eligible 2020 law school graduates may participate in
webinar will be presented by Alex Binsfeld, the Legal a provisional licensure program. The California
Director of the Transgender, Gender-Variant, & Intersex Supreme Court authorized the State Bar of California
Justice Project, and will include information about to create a provisional licensure program under the
representing transgender, gender-variant, and intersex supervision of a licensed attorney to all 2020
(TGI) people in California jails and prisons. Anyone graduates of law schools based in California as well
interested may email Mr. Binsfeld at alex@tgijp.org, or as 2020 graduates of law schools outside California
check the BALIF events calendar where the event will be who are permitted to sit for the California bar exam.
listed soon at the following link www.balif.org/events. (See Business and Professions Code Sections 6060
and 6061.) The provisional licensure program is set
MCBA Membership is $35.00 and includes access to to expire no later than June 1, 2022, and participants
several MCLE credits throughout the year as well as a in the program must still sit for and pass the
listing on the MCBA website at www.MariposaBar.org. California bar exam in order to become fully
An application may be downloaded at our website and licensed.
mailed to our PO Box with the yearly dues. Those who
are renewing their membership may forego the
application and simply send in their dues to MCBA, PO
Box 628, Mariposa, CA 95338.
Several New California
California is now the first state to ban the sale of most
cosmetics tested on animals. In September 2018, former
Laws Focus on Animal
Governor Jerry Brown signed the California Cruelty-
Free Cosmetics Act (SB 1249) into law. Under the
Protections*
terms of SB 1249, this law did not go into effect until
January 1, 2020. This Act prohibits a manufacturer to
by Anita Starchman Bryant import for profit, sell, or offer for sale in this state, any
cosmetic, if the cosmetic was developed or
On January 1st, several new laws manufactured using an animal test. This bill provides
went into effect in California that violations are punishable by an initial $5,000 fine
focusing on the protection of and an additional $1,000 for each day the violation
animals and habitat. continues. There are some exceptions to the new law
including when such animal tests are required by a state
California has now become the first or federal regulatory authority meeting certain criteria.
state to ban trapping of animals for
the sale of fur. AB 273 provides Products that contain microbeads are also now illegal to
that it is unlawful for any person to sell in California. In 2015 former Governor Jerry
trap for the purposes of recreation or commerce in fur Brown signed AB 888, the Plastic Microbeads Nuisance
any fur-bearing mammal or nongame mammal with any Prevention Law. This bill prohibited, on and after
“body-gripping trap.” The prohibition against “body- January 1, 2020, the sale in this state of a personal care
gripping traps” includes steel-jawed leghold traps, products containing plastic microbeads. Microbeads are
padded-jaw leghold traps, conibear traps, and snares. solid plastic particles that are found in personal products
The sale of the raw fur of any fur-bearing mammal or such as toothpaste, facial scrubs, and body wash.
nongame mammal otherwise lawfully taken is also now Studies have shown that these tiny plastics pose an
prohibited. This bill eliminated fur dealer and fur agent environmental hazard for aquatic animals in freshwater
licenses in California. However, it remains legal to trap and ocean water.
rats, mice and gophers in the Golden State.
U.C. Merced’s mascot can now breathe a sigh of relief.
Trophy hunting of bobcats is now illegal until at least
January 1, 2025. AB 1254 makes it unlawful to hunt,
trap, or otherwise take a bobcat, except under specified
circumstances. Before opening a bobcat season in 2025,
the Department of Fish and Wildlife must develop a
bobcat management plan to protect the species.
“The Circus Cruelty Prevention Act” also went into
effect on January 1st. Governor Newsom signed SB 313
into law on October 12, 2019, which prohibits a person To read more about these new laws and the related
from sponsoring, conducting, or operating a circus that history, or information about any other California
uses any animal other than a domestic dog, domestic cat, legislative activity, the website for California
or domesticated horse. The term “circus” is defined as a Legislative Information is at:
performance before a live audience in which http://leginfo.legislature.ca.gov.
entertainment consisting of a variety of acts, such as
acrobats, aerialists, clowns, jugglers, or stunts, is the *This column was originally printed in the Mariposa Gazette
primary attraction or principal business. The statute
clearly specifies that the term “circus” does not include a Anita Starchman Bryant, who earned her J.D. from UC
rodeo. California is not the first to ban performances by Berkeley School of Law, is a Mariposa attorney practicing in
wild animals. The legislative history for SB 313 cites the areas of real estate, land use, estate planning &
that another approximately 80 United States jurisdictions administration, and probate law. Disclaimer: This article is
already ban or partially ban performances by circus intended to provide general information. The content of this
animals. publication is for informational purposes only. Neither this
publication nor its author is rendering legal or other
professional advice or opinions on specific facts or matters.
MCBA Newsletter – September 2020 2
MCBA 2020 Meetings Family Law News
by Casey Archer, President, Merced County Bar
The MCBA meetings are temporarily suspended due to Association Family Law Section
COVID, but are usually held on the second Thursday of
each month at the Miner’s Roadhouse 140 banquet room. The featured case this month is Marriage of Desouza,
The following is the 2020 schedule: (August 10, 2020), regarding the fiduciary duty of
January 9, 2020 disclosure under Family Code Section 721 and the
Luncheon meeting: Strategic Planning Meeting for 2020 Automatic Temporary Restraining Orders (”ATROs”)
on the Summons (which have since been changed to
February 13, 2020 “Standard Family Law Restraining Orders.”)
Luncheon meeting: Speaker, Dr. Eric Sergienko,
Mariposa County Public Health Officer, regarding In Desouza, the husband invested $45,000.00 in bitcoins
COVID-19 and Public Health Law after being served with the ATROs and a Petition for
Dissolution. Although he disclosed some of the bitcoin
March 12, 2020 transactions in his Declaration of Disclosure, he did not
Luncheon meeting: Judge Michael Fagalde, .5 MCLE make a full disclosure. After trial, the wife discovered
credit in Ethics with his presentation “Ethics-A the bitcoins had increased in value to $8 million. The
Perspective After Crossing the Divide from Attorney to husband transferred half of the $8 million in bitcoins to
Judge” the wife, however, the wife filed a motion for an
additional share of the bitcoins and half of the
April 9, 2020 $45,000.00 original investment, as per the remedy
Luncheon meeting postponed due to COVID-19. available under Family Code Section 1101. The Court
May 14, 2020 held that the husband purchased the bitcoins in violation
of the ATROs, that the fact that the community
Law Day postponed due to COVID-19.
ultimately benefited from a portion of the undisclosed
June 11, 2020 transactions did not excuse the impairment to the
Luncheon meeting postponed due to COVID-19. community caused by the failure to disclose all of it, and
that the Family Code Section 1101 remedy was
July 9, 2020 applicable.
Luncheon meeting: 1 hour MCLE credit Webinar with
Speaker, Brian Chase, Director of Digital Forensics, with
a presentation on “How to Find and Use Location
Information in Litigation”
August 13, 2020
Luncheon meeting postponed due to COVID-19.
September 10, 2020
Luncheon meeting postponed due to COVID-19.
October 15, 2020 (tentatively scheduled for the third
Thursday)
Luncheon webinar meeting pending MCLE approval
by the State Bar: Speaker, Russell Cook, with a The Family Law Section of the Merced County Bar
presentation on “Effective Mediations through Association usually meets for lunch on the second
Zoom”. Tuesday of each month. However, due to the COVID-19
pandemic, our luncheon meetings are suspended until
November 12, 2020 further notice. For more information, email the Merced
Luncheon meeting: Speaker, Judge Michael Fagalde County Bar Association Family Law Section President,
Casey Archer at Casey@MercedDivorce.com.
December 10, 2020
Luncheon meeting: Holiday Luncheon and Judges
Appreciation Day
MCBA Newsletter – September 2020 3
State Bar Legal MCBA Membership List
Specialization Thank you to our 2020 members:
Casey Archer Steven W. Dahlem
The State Bar of California Department of Legal Nanette M. Beaumont Skye Emery
Specialization has requested the MCBA to disseminate Kevin Briggs Kimberly G. Flores
information regarding the State Bar's Legal Marvin Brown (retired) Edward J. Johnson
Specialization program. The Legal Specialization Anita Starchman Bryant Andrew Kucera
program was created with the purpose to protect the Aaron Castleton Robert B. Lindley
public and continually develop attorneys academically Jeffrey Castleton Brent Richardson
and professionally. It assists in advancing the legal Russell D. Cook Elizabeth E. Waldow
profession and offers an additional opportunity for Thomas K. Cooke Walter Wall
attorneys to be distinguished in their legal profession,
thereby assisting legal professionals in making career If your name is not on the list and you would like to
development opportunities. All MCBA members are renew your membership, no application is needed, just
encouraged to look into the State Bar’s Legal send in your payment to our PO Box. For new members
Specialization Program. For more information, please who wish to have their information listed on the MCBA
see the flyer attached to this Newsletter. website, a Membership Application may be downloaded
at www.MariposaBar.org and mailed with your dues to
MCBA, PO Box 628, Mariposa, CA 95338.
Job Opportunities 2020 MCBA Officers
The American Bar Association, Chicago, Illinois
The ABA, the nation’s largest voluntary bar association,
is soliciting applications for the position of Senior
Associate Executive Director and General Counsel to
join its executive leadership team. The ABA is dedicated
to serving its members, the legal profession and the
public, enhancing diversity in the legal profession and the
justice system and advancing the rule of law throughout
the United States and around the world. Indications of
interest, inquiries, resumes and nominations should be
emailed to Barbara Mendel Mayden, of Young Mayden
LLC, at bmayden@youngmayden.com,
California School Boards Association (CSBA),
Sacramento
The CSBA is seeking applications for Chief Legal
Counsel for the CSBA. Education attorneys work on
some of the most important issues of our time. As Chief
Legal Counsel for the CSBA, your efforts will support
school boards and millions of California students who
will help shape the future of this state.
https://www.csba.org/About/Careers
MCBA Newsletter – September 2020 4
MCBA Newsletter – September 2020 5
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